HomeMy WebLinkAbout2021-06-30-1081
ESTABLISHING THE POWERS AND DUTIES OF MUNICIPAL OFFICERS
§108.1. General Duties. Each municipal officer shall exercise the powers
and perform the duties prescribed by law and ordinance as otherwise directed by the
council unless contrary to state law or city charter.
§108.2. Books and Records. All books and records required to be kept by
law or ordinance shall be open to inspection by the public upon request.
§108.3. Deposits of Municipal Funds. Prior to the fifth day of each
month, each office or department shall deposit all funds collected on behalf of the
municipality during the preceding month. The officer responsible for the deposit of funds
shall take such funds to the city clerk together with receipts indicating the sources thereof
and obtaining a receipt from the clerk for the funds, or deposit the funds directly in the
city’s bank account and give the city clerk a duplicate receipted deposit slip together with
his receipts indicating the sources of the funds.
§108.4. Transfer of Records and Property to Successor. Each officer
shall transfer to his successor in office all books. Papers, records, documents and
property, together with an invoice of the same, in his custody and appertaining to his
office.
§108.5. Powers and Duties of Mayor. The duties of the Mayor shall be as
follows:
A.The Mayor is the Chief executive officer of the city. Except for the
supervisory duties which have been delegated by law to the city
administrator, the mayor shall supervise all city officers and departments.
The mayor shall have the power to examine all functions of the municipal
departments, their records, and to call for special reports from department
heads at any time.
May 17, 1999 – Ordinance 2283
B.The Mayor shall act as presiding officer at all regular and special council
meetings. The Mayor Pro-tem shall serve in this capacity in the Mayor’s
absence.
C.The Mayor may sign, veto, or take no action on an ordinance, amendment
or resolution passes by the council. If the Mayor vetoes a measure, the
Mayor must explain the reason for such veto to the council. The council
may repass a measure over the Mayor’s veto by a two-thirds majority of
the council members.
D.The Mayor shall make appropriate provision that duties of any absentee
officer be carried on during the Mayor’s absence.
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E.The Mayor shall represent the city in all negotiations properly entered into
in accordance with law or ordinance. The Mayor shall not represent the
city where this duty is specifically delegated to another officer by law or
ordinance.
F.The Mayor shall, whenever authorized by the council, sign all contracts on
behalf of the city.
G.The Mayor shall call special meetings of the city council when the Mayor
deems such meetings necessary to the interests of the city, or as and at a
time requested by any three (3) council members. If the Mayor fails to
call the special meeting on such request, any three (3) council members
may call a special meeting.
[June 14, 1988]
H.The Mayor shall make such oral or written reports to the city council at the
first meeting of every month as referred. These reports shall concern
municipal affairs generally, the municipal departments, and
recommendations suitable for council action.
I.Immediately after taking office the Mayor shall designate one member of
the city council as Mayor Pro tempore. The Mayor pro tempore shall be
vice-president of the council. Except for the limitations otherwise
provided herein, the Mayor pro tempore shall perform the duties of the
Mayor in cases of absence or inability of the Mayor to perform the
Mayor’s duties. In the exercise of the duties of the Mayor’s office the
Mayor pro tempore shall not have power to employ or discharge from
employment officers or employees that the Mayor has the power to
appoint, employ or discharge. The Mayor pro tempore shall have the right
to vote as a member of the Council.
J.The Mayor shall, upon order of the city council, secure for the city such
specialized and professional services not already available to the city. In
executing the order of the city council he shall conduct himself in
accordance with the city ordinances and the laws of the state of Iowa.
K.The Mayor may appoint an administrative assistant to assist the mayor in
matters of administration and supervision.
L.The Mayor shall sign all licenses and permits, which have been granted by
the council, except those designated by law or ordinance to be issued by
another municipal officer.
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M.Upon authorization of the council, the Mayor shall revoke permits or
licenses granted by the council when their terms, the ordinances of the
city, or the laws of the state of Iowa are violated by holders of said permits
or licenses.
N.The Mayor shall order to be removed, at public expense, any nuisance for
which no person can be found responsible and liable. This order shall be
in writing. The order to remove said nuisances shall be carried out by the
marshal.
O.Powers during emergency or public danger.When the Mayor determines
that a time of emergency or public danger exists within the City, the
Mayor may, by proclamation:
1)Declare a state of emergency;
2)Take command of the police and fire departments;
3)Govern the City; and
4)Exercise any and all emergency powers the Mayor may deem
appropriate under the circumstances, including but not limited to
the following:
a)Direct emergency response activities by the police and fire
departments and by such emergency services personnel as the
Mayor may designate or appoint.
b)Execute contracts for the emergency repair of public
improvements should the same become necessary prior to the
next regularly scheduled council meeting.
c)Procure by purchase or lease, or authorize procurement by
purchase or lease, of goods and services deemed necessary to
the City’s emergency response efforts or for the repair of
City buildings or facilities.
d)Lease or authorize the lease of property deemed necessary for
the City’s emergency response effort or for the continued
operation of City government.
e)Prescribe such restrictions, rules and regulations that the
Mayor may deem appropriate during the time of emergency
or public danger and the same shall be legal and binding and
shall have the effect of law.
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5)The penalty for violation of a mayoral proclamation shall be
specifically provided in any proclamation issued by the Mayor
pursuant to this chapter consistent with one of the following:
a)A violation of a Mayoral proclamation evidencing the
exercise of emergency powers, or of any rule or order issued
pursuant thereto by the Mayor, law enforcement officer or
emergency service personnel, shall constitute a violation of
this section and shall be punishable as a simple misdemeanor
as provided in Waukee Municipal Code Section 103.4(a).
The Mayor may establish a fine for violations of the
proclamation issued hereunder in an amount not to exceed
the maximum fine provided in Waukee Municipal Code
Section 103.4(a), however, if no fine is specified in the
proclamation, the violation shall be subject to the penalties
set forth in Waukee Municipal Code Section 103.4(a).
b)A violation of a Mayoral proclamation evidencing the
exercise of emergency powers, or of any rule or order issued
pursuant thereto by the Mayor, law enforcement officer or
emergency service personnel, shall constitute a violation of
this section and shall be punishable as a municipal infraction
as provided in Waukee Municipal Code Section 103.4(b).
The Mayor may establish a civil penalty for violations of the
proclamation issued hereunder in an amount not to exceed
the maximum penalty(s) provided in Iowa Code Section
103.4(b). The procedure shall be as follows:
i. A citation shall be issued to a violator, on a form
approved by the City attorney. The civil penalty
provided in the proclamation shall be due and payable
within 30 days of the issuance of the citation to the
City Clerk’s office.
ii.Within 30 days of the issuance of the citation, the
alleged violator may file a written notice of appeal with
the City Clerk. Failure to file an appeal with the City
Clerk as provided herein shall be deemed an admission
of the violation and the civil penalty shall be
considered due and delinquent. Delinquent and unpaid
fines are subject to collection in any manner allowed
by law.
iii.In the event a timely written notice of appeal is filed
with the City Clerk, a municipal infraction shall be
issued pursuant to Waukee Municipal Code Section
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103.4(b) and applicable Iowa Law. Upon the court’s
determination that a violation occurred, in addition to
the applicable civil penalty and other remedies allowed
by law, the violator shall be responsible for court costs.
6)Mayoral proclamations issued pursuant to this Section shall remain
in effect until withdrawn by the Mayor, provided however, that
such proclamation shall be withdrawn by the Mayor, and the
Mayor shall cease to exercise emergency powers hereunder at such
time as the conditions giving rise to the emergency or public
danger are no longer present.
September 8, 2020 – Ordinance 2969
§108.6. Powers and Duties of the City Administrator. The duties of the
City Administrator shall be as follows:
A. Appointment and Term. The City Administrator shall be appointed by a
majority vote of the council at a regular meeting of such body. The City
Administrator shall hold office at the pleasure of the council and shall be
subject to removal by a majority vote thereof.
B. Compensation. The City Administrator shall receive such annual salary as
the council shall, from time to time, determine by resolution, and time of
payment shall be fixed in accordance with that for other Waukee
municipal employees.
C. Duties. The City Administrator is the chief administrative officer of the
city. The duties of the City Administrator are as follows:
1.General. See that all resolutions, ordinances, laws, council and
mayor directives and approved operational policies are both
faithfully enforced and executed or referred to the proper official for
compliance thereof.
2.Attend Council Meetings. Attend all meetings of the council
unless otherwise excused by the mayor or council.
3.Recommendations. Recommend to the mayor and council such
measures, as the City Administrator deems necessary or expedient
for good efficient government, and the general welfare of the city.
4.Supervision. Have general responsibility for the supervision,
direction, and administration of all departments, offices,
employees, functions and services of the city, and be directly
responsible to the council for the proper function of the same.
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5.Liaison. Maintain liaison with citizens, businesses, developers,
builders, engineers and other governmental agencies.
6.Contracts. Be responsible for the supervision and performance of
all contracts for work and services to be done for the city, except as
specified otherwise in said construction or service program
involved.
7.Agreements; Contracts. Maintain an accounting of all obligations,
agreements, commitments and contractual franchises involving the
city and report to the mayor and council any deviations from the
exact terms as specified.
8.Negotiations. Represent the city in all negotiations properly
entered into in accordance with law or ordinance.
9.Purchasing. Direct the purchasing of all commodities, materials,
supplies, capital outlay and services for all departments of the city
that have been budgeted and appropriated by resolution of the
council, and enforce a program to determine that such purchases
are received and are of the quality and character called for in the
order.
10.Appoint and Employ. Have the power to appoint or employ all
officers and employees to fill authorized positions with the
exception of the City Clerk, City Attorney and police department
personnel.
December 3, 2018 – Ordinance 2914
11.Suspension or Discharge of Employees. Have the power to
suspend without pay or discharge summarily any officer or
employee which the City Administrator has the power to appoint
or employ, subject, however, to the provisions of the Veteran’s
Preference Law, Chapter 35C of the Code of Iowa and applicable
provisions of THE HANDBOOK FOR EMPLOYEES OF THE
CITY OF WAUKEE and applicable Federal, State, or local law.
December 3, 2018 – Ordinance 2914
12.Emergency Employees. Have the authority to employ any person
for emergency purposes as deemed necessary for the welfare of the
city, but in no case shall said employment be extended after the
first council meeting following the date of employment, unless
otherwise approved by vote of the council.
13.Buildings and Equipment. Supervise the management of all
buildings, structures and land under the jurisdiction of the council,
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and be charged with the care and preservation of all city-owned
equipment, tools, machinery, appliances, supplies and commodities
under the control of employees or departments, over which the
City Administrator has, by this section, specific authority.
14.Financial Conditions. Keep the mayor and council fully advised of
the financial and other conditions of the city.
15.Annual Budget. Prepare and submit to the mayor and council an
annual budget in the manner as prescribed by law.
16.Business Affairs. See that all business affairs of the city are
conducted by modern, approved methods and in an efficient
manner.
17.Records. Be responsible at all times for the maintenance of
accurate and current records of all affairs of the departments under
the jurisdiction of the City Administrator, and in a form acceptable
by the council. Copies of such reports shall be available for public
inspection.
18.Council Committees. Assist the council committees in the
execution of their reviews, investigations, reports and assignments,
and provide administrative support in compliance with their
directives.
19.Delegated Powers. Perform duties and have direct authority on all
matters delegated by council action.
20.Administrative Support. Provide administrative support and
assistance to the mayor and perform duties in the coordination of
all phases of municipal activity as directed by the mayor and
council.
D. Residence. The City Administrator shall establish residence in the City of
Waukee pursuant to terms agreed to upon appointment and confirmation.
May 17, 1999 – Ordinance 2281
June 3, 2013 – Ordinance 2733
§108.7. Powers and Duties of the Treasurer. The duties of the treasurer
shall be as follows:
A.Custody of Funds. Be responsible for the safe custody of all funds of the
city in the manner provided by law, and council direction, including all
funds received or held in custody for any board or commission or agency
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existing in the city created by council or the people including the
following:
1.The Treasurer shall keep the record of each fund separate.
2.The Treasurer shall keep an accurate record of all money or
securities received by the Treasurer on behalf of the municipality
and specify date, from whom, and for what purpose received.
3.The Treasurer shall prepare a receipt in triplicate for all funds
received. The Treasurer shall give the original to the party
delivering the funds, send the duplicate to the clerk, and retain the
triplicate.
4.The Treasurer shall keep an accurate, separate account of all
disbursements, money or property, specifying date, to whom, and
from what fund paid.
5.The Treasurer shall immediately upon receipt of monies to be held
in the Treasurer’s custody and belonging to the city, deposit the
same in banks selected by the city council in amounts not
exceeding monetary limits authorized by the city council.
B. Reconciliations, Reports. Reconcile the bank statements with the City’s
books and certify monthly to the council the balance of cash and
investments of each fund and amounts received and disbursed.
C. Debt Service. Keep a register of all bonds out standing and record all
payments made of interest and principal.
D. Investments. Advise the council on investments and shall invest city
monies not immediately needed at interest in accordance with Council
directives and the requirements of Section 452,10, of the Iowa Code. The
treasurer shall determine the anticipated level of bank deposits for making
the depository declaration to the State Treasurer as required by Chapter
453 of the Iowa code.
E. Records. Keep such books as will account for all funds of the City
including any warrants out at interest, and call such warrants at the earliest
opportune time.
F. Minutes. Shall keep the minutes of the regular Council meeting of each
month.
G. Budget. Assemble all departmental budget requests and assists in the
preparation of the budget.
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H. Bills. Coordinate the payment of all city bills, including the payroll.
I. Collection. Collect delinquent utility bills.
J.Perform such other duties as specified by the Council by Resolution or
Ordinance.
[August 13, 1991]
§108.8. Powers and Duties of the Police Chief. The duties of the police
chief shall be as follows:
A.The Police Chief shall wear upon the Chief’s outer garment and in plain
view a metal badge engraved with the name of the office, and such
uniform as may be specified by the council.
B.The Police Chief shall assist the city attorney in prosecuting any persons
for the violation of an ordinance by gathering all the facts and
circumstances surrounding the case.
C.The Police Chief shall be sergeant-at-arms of the council chamber when
requested by the council.
D.The Police Chief shall report to the council upon the chief’s activities as
police chief when requested.
E.The Police Chief shall protect the rights of persons and property, preserve
order at all public gatherings, prevent and abate nuisances, and protect
persons against every manner of unlawful disorder and offense.
F.The Police Chief shall have charge of the city jail when such is provided
and of all persons held therein. The chief shall execute all orders of the
court referring to the jail. The chief shall feed and shelter persons jailed in
the usual manner and as required by law. When no city jail is provided,
the police chief shall convey any person requiring detention to the county
jail as provided by law and agreements with the county.
G.The Police Chief shall, whenever any person is bound over to the district
court, convey the prisoner to the county jail.
H.The Police Chief shall execute all lawful orders of any board or
commission established by the city council.
I.The Police Chief shall, when requested, aid other municipal officers in the
execution of their official duties.
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J.The Police Chief shall restrain and prevent sheep, swine, horses, cattle,
fowl, dogs, cats and other animals from running at large within the limits
of the corporation.
K.The Police Chief shall report all motor vehicle accidents he investigates in
the regular course of duty to the Iowa Department of Public Safety as
provided by law.
L.The Police Chief shall keep a record of all arrests made in the city by
police officers. The Police Chief shall record whether said arrest was
made under provisions of the laws of the state of Iowa or ordinances of the
city. The record shall show the offense for which arrest was made, who
made the arrest, and the disposition made of the charge.
M.The Police Chief shall have the authority to purchase items he deems
necessary for his department not to exceed $500 per purchase for the
administration of his office without prior council approval.
[September 12, 1989]
§108.9. Powers and Duties of the City Attorney. The duties of the City
Attorney shall be as follows:
A.The following duties shall be included on a retainer basis:
1.The City Attorney shall be so situated in a convenient location to
maintain necessary coordination with the general governmental
activities of the municipality.
2.The City Attorney shall attend every regular meeting of the city
council and attend those special meetings of the city council at
which the City Attorney he is required to be present.
3.The City Attorney shall, upon request, formulate drafts for
contracts, forms and other writings, which may be required for the
use of the city.
4.The City Attorney shall keep in proper files a record of all official
opinions and a docket or register of all actions prosecuted and
defended by the city attorney accompanied by all proceedings
relating to said actions.
5.The City Attorney shall, upon request, give the attorney’s opinion
in writing upon all questions of law relating to municipal matters
submitted by the city council, the mayor, members of the city
council individually, municipal boards or the head of any
municipal department.
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B.The following duties shall be performed at the council’s request and on a
per diem basis:
1.The City Attorney shall prepare those ordinances which the city
council may desire and direct to be prepared and report to the
council upon all ordinances before their final passage by the city
council and publication.
2.The City Attorney shall act as attorney for the city in all matters
affecting the city’s interest and appear on behalf of the city before
any court, tribunal, commission or board. The City Attorney shall
prosecute or defend all actions and proceedings when so requested
by the mayor or city council.
3.The City Attorney shall not appear on behalf of any municipal
officer or employee before any court or tribunal for the purely
private benefit of said officer or employee. The City Attorney
shall, however, if directed by the council, appear to defend any
municipal officer or employee in any cause of action arising out of
or in the course of the performance of the duties of his or her office
or employment.
4.The City Attorney shall sign the name of the city to all appeal
bonds and to all other bonds or papers of any kind that may be
essential to the prosecution of any cause in court, and when so
signed the city shall be bound upon the same.
5.The City Attorney shall make a written report to the city council
and interested department heads of the defects in all contracts,
documents, authorized power of any city officer, and ordinances
submitted to the City Attorney or coming under the City
Attorney’s notice.
6.The City Attorney shall make an annual report in writing to the
city council prior to the tenth day of the first month of every year,
which report shall contain a record of every legal matter
considered by the City Attorney during the course of the year, the
disposition made of all legal matters considered, and
recommendations concerning any matters pending which may
interest the city.
7.The City Attorney shall, after due examination, offer a written
opinion on and recommend alternation pertaining to contracts
involving the city before they become binding upon the city or are
published.
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§108.10. Powers and Duties of the Fire Chief. The duties of the fire chief
shall be as follows:
A.The Fire Chief shall be charged with the duty of maintaining the
efficiency, discipline and control of the fire department. The members of
the fire department shall, at all times, be subject to the direction of the fire
chief.
B.The Fire Chief shall enforce all rules and regulations established by the
council for the conduct of the affairs of the fire department.
C.He shall exercise and have full control over the disposition of all fire
apparatus, tools, equipment and other property used by or belonging to the
fire department.
D.The Fire Chief shall cause to be kept records of the fire department
personnel, operating cost and efficiency of each element of fire fighting
equipment, depreciation of all equipment and apparatus, the number of
responses to alarms, their cause and location, and an analysis of losses by
value, type and location of buildings.
E.The Fire Chief shall make monthly written reports on or before the fifth
day of each month to the mayor and city council concerning the general
status and efficiency of the fire department, the number of alarms
answered during the month previous, and additional information that may
be requested by the mayor or the city council. The Fire Chief shall
compile an annual report based upon the records maintained by the dire
department and summarizing the activities of the fire department for the
year. This report shall be filed with the mayor. The annual report shall
also contain recommendations for the improvement of the department.
F.The Fire Chief shall enforce all ordinances and, where enabled, state laws
regulating the following:
1.Fire prevention
2.Maintenance and use of fire escapes
3.The investigation of the cause, origin and circumstances of
fires
4.The means and adequacy of exit in case of fire from halls,
theatres, churches, hospitals, asylums, lodging houses,
schools, factories, and all other buildings in which the
public congregates for any purpose.
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5.The installation and maintenance of private fire alarm
systems and fire extinguishing equipment.
G.The Fire Chief shall have the right, during reasonable hours and upon
consent of the occupant, to enter any building or premises within the
Chief’s jurisdiction for the purpose or making such investigation or
inspection which under law or ordinance the Chief may consider necessary
to be made and is reasonably necessary to protect the public health, safety
and welfare.
H.The Fire Chief shall make such recommendations to owners, occupants,
caretakers or managers of buildings necessary to eliminate fire hazards.
I.The Fire Chief shall, at the request of the state fire Marshall, and as
provided by law, aid said Marshall in the performance of the state fire
Marshall’s duties by investigating, preventing and reporting data
pertaining to fires.
J.The Fire Chief shall have the authority to purchase items he or she deems
necessary for his or her department not to exceed $500.00 per purchase for
the administration of his or her office, without prior council approval.
[May 24, 1993]
§108.11. Powers and Duties of the Health Officer. The duties of the City
Health Officer shall be as follows:
[January 10, 1984]
A.The City Health Officer shall be the medical and sanitary advisor to the
council.
B.The City Health Officer shall make, or cause to be made, upon order of the
city attorney, physical examinations of any person claiming to have
received injuries for which the city may be liable. Upon order of the
appointing authority, the City Health Officer shall make, or cause to be
made, physical examinations of employees or prospective employees of
the city.
[January 10, 1984]
C.The City Health Officer shall inspect premises upon complaints received,
upon request of proper officers, the mayor, or council, or upon the City
Health Officer’s own initiative and at times required by ordinance or law
for compliance with health regulations. The City Health Officer shall,
upon finding violations of the law or ordinance, take action to correct such
violations in accordance with provisions for correction of violations
established by law or ordinance.
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D.The City Health Officer shall issue such licenses and permits as are
required of the health officer by ordinance.
§108.12. Powers and Duties of the Public Works Director. The duties of
the Public Works Director shall be as follows:
A.Direct, supervise and assist a construction and maintenance crew in
construction, repairing or maintaining trees, buildings, culverts, curbs and
sidewalks, storm drains, catch basins, and other public works structures,
install water meters and lines and maintain same.
B.Direct and assist in installation of gas meters and lines and maintain same.
C.Direct and perform general maintenance on City owned equipment.
D.Supervise and assist in the oiling of roads, blacktopping, the removal of
trees and the mowing of weeds.
E.Supervise and assist in the removal of snow.
F.Supervise and assist in the operation, maintenance and testing of the
sewage system.
G.The Public Works Director shall have the authority to purchase items he
deems necessary for his department not to exceed $1,000.00 per purchase
for the administration of his office, without prior council approval.
[May 4, 1992]